HomeMy WebLinkAboutcoa.lu.ec.707 Gibson Ave.51-82
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No. 5/ - 'irJ-
CASELOAD SUMHi\RY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE:___
2. APPLICANT: /J,JI fl1./'2dU ~
STAFF: O;)j~D WJt.4?
CJd-S--;?7-:;7
,
3. REPRESENTATIVE:
4. PROJECT NAt1E: iJa;,c!Jl /ldr'dll./YJ'l/ :lUbI.M~f1p:I'5tUYJ
" ''1. I /l / 7
5. LOCATION: iJUJ-dfIYV r./M4'2M/
6. TYPE OF APPLICATION:
4 Step:
GMP (
PUD (
)
)
Subdivision
J Subdivision Exception
GMP Exception (
Rezoning (
(jll-[ ef~ Ml1/iViluflr
(/
J
)
2 Step:
)
SPA
1 Step:
Use Determination
Conditi ona 1 Use
LSpecial Review (.2%tuhrJ~~ )
HPC
No. of Steps: . Other:
7. REFERRALS (1L~r1 /!-(?f~Y~
~ Attorney , Sanitation District
.;1 Engineering Dept. . Mountain Bell
_Housing ~arks
Water Holy Cross Electric
-City Electric --:;rFire Marshal/Building Dept.
- -
_School District
~ocky Mtn. Nat. Gas
'_State Highway Dept.
----Fire Chief
--,-Other
. ,.
B. DISPOSIT~O/ /
P & Z Approved l/" Denied
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Date
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Counci 1 J
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Approved J Denied Date April ,;;l.S,I1l.2
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9. PRELIMINARY PLAT REFERRALS:
~ttorney
_____Engineering Dept.
_Housing
Wa ter
_____City Electric
_____Sanitation District
~ountain Bell
-"arks
_____Holy Cross Electric
----Fire Marshal/Building Dept.
_____School District
_____Rocky Mtn. Nat. Gas
_____State Highway Dept.
Other
10. PRELIMINARY PLAT - PUBLIC HEARING
P & z Approved Denied Date
11. FINAL PLAT
Council
Approved
Denied
Date
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12. ROUTING:
/ Attorney
j Building
~Engineering
.-i_Other
Llert:s Dtfi(f..
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MEMORANDUM
TO: Aspen City Counci 1
FROM: Alice Davis, Planning Office
RE: Pardee/Wedum Lot Line Adjustment and
DATE: April 25, 1983
Location:
Zoning:
Applicant's
Request:
Referra 1
Comments:
707 Gibson Avenue (Lots 1 and 2, Hill ~ u
the adjacent Wedum Tract).
d.f. d
Con omlnlums, an
R-30 (PUD). ~ UI\e.. te.,u1e.w
1- ~ -\cl f+-"2-
4~ Jpfrov-l
The applicants are requesting approval for a lot line adJustment
between properties owned by Lee Pardee and Randy Wedum aRe al~
avlse reElH8&tiRg al3l3P9\'il tn ~ 5tt'e;:lm m;:lr9if.l rS";Q\t.'. The results
of the lot line adjustment will be to incorporate an existing
7,332 square foot lot owned by Wedum into the southeastern portion
of Pardee's property while carving Wedum a new 7,449 square foot
parcel out of the western portion of Pardee's property. Both
the existing lot owned by Wedum and the proposed lot to be owned
by Wedum are in the 100 year floodplain and~ therefore subject
to Section 24-6.3 of the Code, Stream Margin Review.
The Engineering Department c mmented that there are severa~van-
tages to the new buil di ng site and the proposed removal:ftf fill
ich will increase the upstream floodplain. Ev~n th 'gh the
Co indicates that structu s are not allowed in e floodplain,
the ineering Department s pports the request ject to the
followi /'
1. Submiss' n and approval of a detailed/grading plan indicating
the river edge and pr posed contOurs complimentary to the
existing gra s to the outhe~t/and along the river.
/
2. The applicants s uld p a~t the regraded area adjacent to
the river with spe 'es .'n keeping with the Roaring Fork
Greenway Plan as wel a existi~~_lJ.l~..U:L-the u't:d.
.- ..--..,.--
/3~/TIie applicant shCluld sp ify for review and approval any
( trees within gr adjace t t~the new building envelope which
are to be removed. "
4. Locatio~f building lons shou be indicated as well
as t~inimum elevati of the supe tructure.
5. T e site plan for the p oposed parcel sho ld indicate how
on-site parking and acc ss will be handled.
The applicant should su mit a plat to indicate t traded
parcels and to serve as an amendment to the ~ill ~ou
Condominium Plat.
Planning Office
Review: Section 20-l9(a)(4) allows a lot line adjustment between adjacent
properties to be excepted from subdivision review procedures
provided the adjustment meets the following criteria:
1. Boundary changes must be between consenting landowners.
2. The adjustment cannot directly or indirectly affect the
development rights or permitted density on the affected
properti es.
~
Memo: Pardee/Wedum
Page Two
April 25, 1983
3. Parcels affected must continue to conform to the under-
lying area and bulk requirements of the zone district.
Existing nonconforming lots shall not increase their
nonconformity as a result of the lot line adjustment.
4. The applicants must comply with all applicable zoning and
subdivision regulations.
The requested lot line adjustment, as proposed, meets all
hese criteria. Since the development rights on the subj
p rcels cannot be affected, the applicants have agreed t deed
re rict the allowed floor area on the new and larger We um
parc 1 to the floor area allowed on the original Wedum arcel
which is 117 square feet smaller. The original Wedum arcel
is 7,3 square feet, a nonconforming lot in the R-30 zone district.
The newl created parcel will not increase this nonc formity
but will duce it by 117 square feet.
3.
, lists six
feet of the
inant criteria
Section 24-6. (c) of the Code, Stream Margin Revi
review criteri for guiding development within 1
Roaring Fork Ri r and its tributaries. The pe
related to this a plication are as follows:
1.
No building sh 1 be located so as to b
hazard area.
flood
2. Vegetation shall n t be removed nor ny slope grade changes
made that will prod e stream bank.
Since part of the existing Wed arcel and all of the proposed
Wedum parcel fall within the 10 year floodplain, the applicant
would have to develop either p 1 in a manner which would
mitigate any erosion or sedim tat'on problems or any other flood
hazard area impacts. The En ineeri g Department feels that the
requested land trade could e accomp ished if development impacts
on the new parcel are mit. ated by pu ting any structure developed
on pylons, removing them from the floo lain. Also, the applicant
should provide informa on through a re egetation/regrading plan
which shows that ther will be no increa ed sedimentation or
erosion resulting fr any grading or veg tation removal necessary
in developing the p rcel. This regrading/ evegetation plan should
give all the infor. ation requested by the E gineering Department.
The Planning Of ce believes that the newly c eated Wedum parcel
will create le s visual impacts than the origi al parcel, an
important con ideration since both sites are ac oss the river from
the designa d Roaring Fork Greenway. The origl al parcel is
devoid of getation and tree cover and any deve pment would be
highly vi able and more subject to erosion and se imentation
problem. The new site is heavily revegetated and well screened
from t Greenway. Special care will need to be ta en to protect
the n tural vegetation and to revegetate any disrupt d areas.
The major issue in evaluating the applicants' stream
is determining whether or not building a structure on
tually removes the structure from the floodplain. Th Code
pecifically states that no building shall be allowed in the
floodplain. However, if the structure is on pylons and a 1
development impacts are mitigated, it may be desirable to llow
the structure (on pylons) to be built in the floodplain so that
the new Wedum parcel can be used, since the new parcel wou d
create less visual impacts and be less subject to erosion an
sedimentation problems.
=~
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Memo: Pardee/Wedum
Page Three
Apri 1 25, 1983
Planning Office
and P&Z
Recommendation:
Due 0 the difficulty P&Z had making the interpretation th a
stru ure built on pylons is a structure no longer locat in
the fl dplain, the Commission added a condition to th r approval
requirin the applicant to obtain a variance from t Board of
Adjustment rior to Council's review. The condit' n stated that
the Board of djustment must grant the applican a variance from
Section 24-6.3 (1) at a public hearing. Se ion 24-6.3(1)
states that "no ilding shall be located s as to be within
a flood hazard area esignated by the U. . Corps of Engineers
Flood Plain Report fo the Roaring For iver."
1. structure c not be greater than
undisturbed g de.
2. The struction of the pylons must be certl oed by the
En oneering and Building Departments to guaran e minimum
ream flow disruption consistent with sound engl ering
and construction practices.
The Planning Office and the Planning and Zoning Commission
recommend the approval of the requested lot line adjustment
JAe strQlm mal gill I evien 5l1bjeet te tRB f8115nill~ e:81IaitiaAs:
-/6)
The FAR on the new 7,449 square foot Wedum tract must be
deed restricted to the FAR allowed on the original 7,332
square foot tract, with the deed restriction documents
subject to the Attorney's Office review and approval.
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A regrading/revegetation plan must be submitted for review
and approval by the Engineering Department. This plan must
include all of the information requested by Engineering,
including the following:
a. Submission and approval of a detailed grading plan
indicating the river's edge and proposed contours
complimentary to the existing grades to the southeast
and along the river.
bo The applicants should plant the regraded area adjacent
to the river with species in keeping with the Roaring
Fork Greenway Plan as well as existing plants in the
area.
c. The applicant should specify for review and approval
any trees within or adjacent to the new building
envelope which are to be removed.
d. Locations of building pylons should be indicated as
well as the minimum elevation of the superstructure.
e. The site plan for the proposed parcel should indicate
how on-site parking and access will be handled.
J~
'f...
The applicant should submit a plat to indicate the
traded parcels and to serve as an amendment to the
Hill House Condominium Plat.
Memo: Pardee/Wedum
Page Four
Apri 1 25, 1983
3.
e conditions of the variance
the Code granted by the Board
de:
a. structure cannot be
the average, undisturbed
b. The construct"on of the p lons must be certified
by the Engin ering and Bui ing Departments to guarantee
minimum str am flow disruption.
Counci 1
Action:
If you agree with the Planning Office and P&Z recommendation,
the appropriate motion is as follows:
"I move to approve the requested lot line adjustment and
stream margin review subject to the 3 conditions stated
in the Planning Office memorandum dated April 25, 1983."
I
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CITY OF"ASPEN
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130 south galena s~rcet
asp en, C 0 lor ado 8"1611
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303-925 ~2020
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AG END A
BOARD OF ZONING ADJUSTMENTS
MARCH 24, 1983
CITY COUNCIL CHAMBERS
4:00 P.M.
I. MINUTES
~I. CONTINUANCE OF CASE #83-2
LARRY YAW / THOMAS E. RAFAEL
III. CASE #83-3
J.R. WEDUM / HILL HOUSE CONDO
IV. AJOURN
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NCYrICE OF PUBLIC HEARING
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Case No.i83-3
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BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
.
"t
Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a
public hearing will 'be held in the Council Room, City Hall, Aspen, Colo-
rado, (or at such other place as the meeting may be then adjourned) to
consider an application filed with the said Board of Adjustment reques~ing
authority for variance from the provisions of the Zoning Ordinance, Chapter
24, Official Code of Aspen. All persons affected by the proposed variance
are invited to appear and state their views, protests or objections. If
you cannot appear personally at such meeting, then you are urged to state..
yo~views by letter, particularly if you have objection to such variance,
as the Board of Adjustment will give serious consideration to the opinions
of surrounding property owners and others affected in deciding whether to
grant or deny the request for variance.
., 'The' particulars of the hearing and of the reques ted variance are as fo llows:
Date and Time of Meeting:
,Date: THURSDAY,
Time: 4
:00 P.l-1.
MARCH 24, 1983.
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Name and address of Applicant for Variance:
Name:' J .R. WEDUl-1 / HILL HOUSE CONDO
Address: BOX 4153 ASPEN, CO., ,81612
".,
. Location or description of property:
~
Location: Parcel 1 - lot 7 Block Okalahoma Flats
Description: Parcel 2 - l-1etes & Bounds
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... . ,variance Requested:
. APPLICANT APPEARS TO BE ASKING TO BUILD
IN AFLOOD.~L~:[~~ A~Eb'~""':k-' .
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Duration of Variance: (Please cross out one)
~~p~t~t~X Permanent
THE CITY OF ASPEN BOARD OF' ADJUSTMENT
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BY
'Rpmn T,;"""'~qni nn
Chairman
By Joy Brooks
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ArrEt. TO r;OflhV or ZOfWlG I\DJU~ 'J]1f
CITY OF ASPEfl
DA~E. J.jJ 7/ ~"\ . (.' .....
APPElLANT rJ. r! CUr0,~...) 1/// ;!<<)~C:OWXDDRESS
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CASE NO. .:ftffi .3
,g~ ti//?, tA-~~.
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PHONE 9;h~-C(;7-3 ':t- .
OWNER
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ADDRESS
50V-<..
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. lOCATION OF PROPERTY
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,afc...lo~ 1'lo Is- '
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Blk. [. Lot No.
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Building Permit'Application and prints or any other pertinent
data must accompany this application, and will be made part of
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CASE NO.
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THE BOARD WILL RETURN THIS.APPlICATION IF II DOES NOT CONTAIN
All THE FACTS IN QUESTION.
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DESCRIPTIOil OF PROPOSED EXCEPTION SHOHING JUSTIFICATIf)~lS:
~ o<&e~oJ r.et?eA1 1!c,v:-'0 0#.... ~04,.. ,,:' Of; ~;l,--eer .#61#.
.
? Yest-No -/7/ ./11
SIGNED: ~~~
. Appell ant
'Will you be represented by counsel
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PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTO.
'to FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
FOR NOT GRANTING: \".
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'Status
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Signed
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PERMIT REJECTED, DATE
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DECISION ____DATE
DATE IF HEARINCJjO lLh ,JLLJqro
- SECRETARY . " ~ ~Cl_' ,(?~.020
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APPLICATION FILED
HAIlEO
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MEMORANDUM
TO. Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Pardee/Wedum Lot Line Adjustment and Stream Margin Review
DATE; January 18, 1983
Location: 707 Gibson Avenue (Lots 1 and 2 Hill House Condominiums and
the adjacent Wedum Tract).
Zoning: R-30 (PUD)
Applicant.s
Request:
Referral
Comments:
The applicants are requesting approval for a lot line adjustment
between properties owned by Lee Pardee and Randy Wedum and are
also requesting approval to a stream margin review. The results
of the lot line adjustment will be to incorporate an existing
7,332 square foot lot owned by Wedum into the southeastern portion
of Pardee's property while carving Wedum a new 7,449 square foot
parcel out of the western portion of Pardee's property. Both
the existing lot owned by Wedum and the proposed lot to be owned
by Wedum are in the 100 year floodplain and are therefore subject
to Section 24-6.3 of the Code, Stream Margin Review.
The Attorney's Office had no comment on the application. The
Engineering Department commented that there are several advantages
to the new building site and the proposed removal of fill which
will increase the upstream floodplain. Even though the Code
indicates that structures are not allowed in the floodplain, the
Engineering Department supports the request subject to the
following:
1) Submission and approval of a detailed grading plan indicating
the river's edge and proposed contours complimentary to the
existing grades to the southeast and along the river.
2) The applicants should plant the regraded area adjacent to
the river with species in keeping with the Roaring Fork
Greenway Plan as well as existing plants in the area.
3) The applicant should specify for review and approval any
trees within or adjacent to the new building envelope which
are to be removed.
4) Locations of building pylons should be indicated as well
as the minimum elevation of the superstructure.
5) The site plan for the proposed parcel should indicate how
on-site parking and access will be handled.
6) The applicant should submit a plat to indicate the traded
parcels and to serve as an amendment to the Hill House
Condominium Plat.
Planning Office
Review: Section 20-l9(a)(4) allows a lot line adjustment between adjacent
properties to be excepted from subdivision review procedures
provided the adjustment meets the following criteria;
1) Boundary changes must be between consenting landowners;
2) The adjustment cannot directly or indirectly affect the
development rights or permitted density on the affected
properties;
~/~",
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Memo; Pardee/Wedum
January 18, 1983
Page Two
Lot Line Adjustment/Stream Margin Review
3)
Parcels affected must continue to conform to the under-
lying area and bulk requirements of the zone district.
Existing nonconforming lots shall not increase their non-
conformity as a result of the lot line adjustment.
The applicants must comply with all applicable zoning and
subdivision regulations.
4)
The requested lot line adjustment, as proposed, meets all of
these criteria. Since the development rights on the subject
parcels cannot be affected, the applicants have agreed to deed
restrict the allowed floor area on the new and larger Wedum
parcel to the floor area allowed on the original Wedum parcel
which is 117 square feet smaller. The original Wedum parcel is
7,332 square feet, a nonconforming lot in the R-30 zone district.
The newly created parcel will not increase this nonconformity
but will reduce it by 117 square feet.
Section 24-6.3(c) of the Code, Stream Margin Review, lists six
review criteria for guiding development within 100 feet of the
Roaring Fork River and its tributaries. The pertinant criteria
related to this application are as follows:
1) No building shall be located so as to be within a flood
hazard area.
2) Vegetation shall not be removed nor any slope grade changes
made that will produce erosion of the stream bank.
3) No activity shall be allowed which will increase stream
sedimentation and suspension loads.
Since part of the existing Wedum parcel and all of the proposed
Wedum parcel fall within the 100 year floodplain, the applicant
would have to develop either parcel in a manner which would
mitigate any erosion or sedimentation problems or any other flood
hazard area impacts. The Engineering Department feels that the
requested land trade could be accomplished if development impacts
on the new parcel are mitigated by putting any structure developed
on pylons, removing them from the floodplain. Also, the applicant
should provide information through a revegetation/regrading plan
which shows that there will be no increased sedimentation or
erosion resulting from any grading or vegetation removal necessary
in developing the parcel. This regrading/revegetation plan should
give all the information requested by the Engineering Department.
The Planning Office believes that the newly created Wedum parcel
will create less visual impacts than the original parcel, an
important consideration since both sites are across the river from
the designated Roaring Fork Greenway. The original parcel is
devoid of vegetation and tree cover and any development would be
highly visable and more subject to erosion and sedimentation
problems. The new site is heavily vegetated and well screened
from the Greenway. Special care will need to be taken to protect
the natural vegetation and revegetate any disrupted areas.
Planning Office
Recommendation:
The Planning Office recommends that P&Z recommend the approval of
the requested lot line adjustment and stream margin review subject
to the following conditions:
..
,
Memo: pardee/Wedum
January 18, 1983
Page Three
.1)
2)
3)
4)
,,---
Lot Line Adjustment/Stream Margin Review
The FAR on the new 7,449 square foot Wedum tract must be
deed restricted to the FAR allowed on the original 7,332
square foot tract.
A regrading/revegetation 'plan must be submitted for review
and approval by the Engineering Department. This plan must
include all of the information listed in the six items
requested by Engineering which are given on page 1 of
this memorandum.
The applicant should indicate the locations of building
pylons as well as the minimum elevation of the superstructure.
The site plan must show how on-site parking and access to
the parcel and structure will be handled.
5) The applicant must submit a plat to indicate the traded
parcels and to serve as an amendment to the Hill House
Condominium Plat.
, "~"',
./".,~....
....",......
MEMORANDUM
TO:
Alice Davis, Planning Office
FROM:
Jay Hammond, Engineering Department
~
DATE:
January 3, 1983
RE:
Pardee/Wedom Subdivision Exception, Stream
Margin Review
-----------------------------------------------------------
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
As mentioned in the application, I met with Lee Pardee on the
site and looked at the proposed building location as well as
the area adjacent to the river where fill would be removed.
We discussed the advantages of the new building site as well
as the desirability of removing fill and increasing the upstream
floodplain. While the code would not appear to grant any
latitude with respect to location of structures within the
floodplain, the City Engineering Department would support this
request subject to the following:
1. Submission and approval of a detailed grading plan
indicating the river's edge and proposed contours complimentary
to the existing grades to the southeast and along the river.
2. The applicant should also be required to plant the
regraded area adjacent to the river with species in keeping with
the Roaring Fork Greenway Plan as well as existing plants in
the area.
3. The applicant should be required to specify any trees
within or adjacent to the new building envelope to be removed.
4. Locations of building pilings should be indicated as well
as the minimum elevation of the superstructure.
5. The site plan for the proposed parcel should indicate
how such needs as on-site parking will be handled.
6. With regard to the proposed subdivision exception,
the applicant should be required to submit a plat to indicate
the traded parcels and to serve as an amendment to the Hill
House Condominium plat.
JH/co
CITY OF ASh::N .
MEMO FROM AUDREY N. STORBECK
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-
Ms. Alice Davis
City & County Planning Office
130 SO. Galena St.
Aspen, CO 81612
November 2, 1982
Dear Alice,
This is an application for both a stream margin
review and a lot line adjustment. Both the citizens
of Aspen and the applicants will benefit by approval
of this application. A brief history of the land in
question is appropriate:
1) In July 1977 the Aspen P&Z gave
approval in a stream margin review to allow the place-
ment of excavated earth on the subject property. A
condition was that after completion of construction
the earth be leveled and the area cleaned up.
2) In October 1979 the Aspen P&Z in
another stream margin review approved the construction
of a tennis court on the property in question.
Randy Wedum, one of the applicants owns a 7332
sq. ft. parcel of land that boarders the Roaring Fork
River. The expected building envelope is on the bank
of the river where there are no trees or bushes to
hide a structure from view from the public area across
the river. The building envelope also happens to
interrupt the view of the Hill House Condominiums across
Spring St., Therefore the applicants propose to trade
equal sized parcels of land so that a new building
envelope would be created. This site would be surrounded
by large trees and bushes and would be almost invisible
from the public area across the river. Although the
new lot has 7449 sq. ft. Mr. Wedum would agree to deed
restrict the FAR of any structure to what it would have
been on the original parcel. Additionallv, Mr. We dum
would agree to place the building envelope at the far
end of the parcel away from the river.
The question of flood plain must be addressed. Jay
Hammond of the Engineering Dept, believes that this trade
could be accomplished IF the applicants agree to put any
structure on pylons so that it won't be in the flood
plain and IF the applicants compensate for the small
intursion into the flood plain (the pylons) by agreeing
to increase the flood plain upriver (on the 7332 sq, ft.
parcel) by excavating and removing earth near the river,
Jay agrees that the new building site would be very
much in the public's interest in that a visually obtrusive
site would be replaced by a sheltered site much further
,
,
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from the river.
Other than the above all Code requirements for
the Stream Margin Review and the Lot Line Adjustment
have been met and the applicants request approval.
John Randall Wedum
J es Lee Par ee III
President
Hill House Homeowners Assn.
r....'
","'"-'''
-"*'
Ms. Alice Davis
City & County Planning Office
130 SO. Galena St.
Aspen, CO 81612
November 2, 1982
Dear Alice,
This is an application for both a stream margin
review and a lot line adjustment. Both the citizens
of Aspen and the apnlicants will benefit by approval
of this application. A brief history of the land in
question is appropriate:
1) In July 1977 the Aspen P&Z gave
approval in a stream margin review to allow the place-
ment of excavated earth on the subjecc property. A
condition was that after completion of construction
the earth be leveled and the area cleaned UP.
2) In October 1979 the Aspen P&Z in
another stream margin review approved the construction
of a tennis court on the property in question.
Randy We dum , one of the applicants owns a 7332
sq. ft. parcel of land that boarders the Roaring Fork
River. The expected building envelope is on the bank
of the river where there are no trees or bushes to
hide a structure from view from the public area across
the river. The building envelope also happens to
interrupt the view of the Hill House Condominiums across
Spring St.. Therefore the applicants propose to trade
equal sized parcels of land so that a new building
envelope would be created. This site would be surrounded
by large trees and bushes and would be almost invisible
from the public area across the river. Although the
new lot has 7449 sq. ft. Mr. Wedum would agree to deed
restrict the FAR of any structure to what it would have
been on the original parcel. Additionally, Mr. Wedum
would agree to nlace the building envelope at the far
end of the parcel away from the river.
The question of flood plain must be addressed. Jay
Hammond of the Engineering Dept. believes that this trade
could be accomplished IF the applicants agree to put any
structure on pylons so that it won't be in the flood
plain and IF the applicants compensate for the small
intursion into the flood plain (the pylons) by agreeing
to increase the flood plain upriver (on the 7332 sq. ft.
parcel) by excavating and removing earth near the river.
Jay agrees that the new building site would be very
much in the public's interest in that a visually obtrusive
site would be replaced by a sheltered site much further
r--
r,
, ...
from the river.
Other than the above all Code requirements for
the Stream Margin Review and the Lot Line Adjustment
have been met and the applicants request approval.
Homeowners Assn.
John Randall Wedum
.
_n~._. _ _ __~_______._
,
Ms. Alice Davis
City & County Planning Office
130 SO. Galena St.
Aspen, CO 81612
November 2, 1982
Dear Alice,
This is an application for both a stream margin
review and a lot line adjustment. Both the citizens
of Aspen and the aoolicants will benefit by approval
of this application. A brief history of the land in
question is appropriate:
. 1) In July 1977 the Aspen P&Z gave
approval in a stream margin review to allow the place-
ment of excavated earth on the subjec~ nroperty. A
condition was that after completion of construction
the earth be leveled and the area cleaned up.
2) In October 1979 the Aspen P&Z in
another ~tream margin review aporoved the construction
of a tennis court on the property in question.
Randy We dum , one of the applicants cwns a 7332
sq. ft. parcel of land tha~ boarders the Roaring Fork
River. The expected building envelope is on the bank
of the river where there are no trees or bushes to
hide a structure from view from the public area across
the river. The building envelope also happens to
interrupt the view of the Hill House Condominiums across
Spring St.. Therefore the applicants propose to trade
equal sized parcels of land so that a new building
envelope would be created. This site would be surrounded
by large trees and bushes and would be almost invisible
from the public area across the river. Although the
new lot has 7449 sq. ft. Mr. Wedum would agree to deed
restrict the FAR of any structure to what it would have
been on the original parcel. Additionally, Mr. Wedum
would agree to place the building envelope at the far
end of the parcel away from the river.
The question of flood plain must be addressed. Jay
Hammond of the Engineering Dept. believes that this trade
could be accomplished IF the applicants agree to put any
structure on pylons so that it won't be in the flood
plain and IF the applicants compensate for the small
intursion into the flood plain (the pylons) by agreeing
to increase the flood plain upriver (on the 7332 sq. ft.
parcel) by excavating and removing earth near the river.
Jay agrees that the new building site would be very
much in the public's interest in that a visually obtrusive
site would be replaced by a sheltered site much further
-
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1':
. ,
.
f
..
..
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, "
. ........"'"
.
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-:,-----..--:-:-----..-.--.----.-
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from the river.
i
f
Other than the above all Code requirements for
the Stream Margin Review and the Lot Line Adjustment
have been met and the applicants request approval.
John Randall We dum
.1
"
~
I
J es Lee
President
Hill House Homeowners Assn.
"
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._- .~......,... .-
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""
, .
.~
.
.
"
,
MEMORANDUM
TO:
Alice Davis, Planning Office
Jay Hammond, Engineering Department~
FROM:
DATE:
January 3, 19B3
RE:
Pardee/Wedom Subdivision Exception, Stream
Margin Review
-----------------------------------------------------------
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
As mentioned in the application, I met with Lee Pardee on the
site and looked at the proposed building location as well as
the area adjacent to the river where fill would be removed.
We discussed the advantages of the new building site as well
as the desirability of removing fill and increasing the upstream
floodplain. While the code would not appear to grant any
latitude with respect to location of structures within the
floodplain, the City Engineering Department would support this
request subject to the following:
1. Submission and approval of a detailed grading plan
indicating the river's edge and proposed contours complimentary
to the existing grades to the southeast and along the river.
2. The applicant should also be required to plant the
regraded area adjacent to the river with species in keeping with
the Roaring Fork Greenway Plan as well as existing plants in
the area.
3. The applicant should be required to specify any trees
within or adjacent to the new building envelope to be removed.
4. Locations of building pilings should be indicated as well
as the minimum elevation of the superstructure.
5. The site plan for the proposed parcel should indicate
how such needs as on-site parking will be handled.
6. With regard to the proposed subdivision exception,
the applicant should be required to submit a plat to indicate
the traded parcels and to serve as an amendment to the Hill
House Condominium plat.
JH/ co
---~~.;-.....-----_.-.....~--- '--~"--
,
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.
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r
FORM NO. C-6000-1A "
FOR USE WITH COL.ORADO REGION Jo.",<'RICAN LAND TITLE ASSOCIATION LOAN POLle\' .t<<10 (AMENDED 10.'7.70)
SCHEDULE A
Amount of Insurance $
61,000.00
Policy No.
7302170
Date of Policy
April 23, 1982
10: 30 A.M.
Sheet 1 of --9
1. Name of Insured:
THE BANK OF ASPEN
2. The title to said land is at the date hereof vested in:
JOHN R. WEDUM
in fee simple
3. The mortgage or deed of trust, and assignments if any, covered by this Policy are described as follows:
Deed of Trust from : John R. wedum
to the Public Trustee of the County of pi tk in
for the use of : The Bank of Aspen
toseeme $ 61,000.00
dated
recorded
April 22, 1982
April 23, 1982 in Book 425 at Page 539
, '-
""
FORM NO, C-6000.2 / j
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70)
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 8-1970 (AMENDED 10.17.70)
S C H E D U LEA-Continued
The land referred to in this policy is situated in the State of Colorado, County of
, and is described as follows:
pi tkin
A parcel of land situated in the SW~ of Section 7, Township 10
South, Range 84 West of the 6th P.M., said parcel is all of Lot
7, Block 5 of an area known as Oklahoma Flats and is morE fully
described as follows:
Beginning at a point on the Northerly line of Frances Street,
said point being the Southeast corner of said Lot 7 and also the
Southwest corner of the Mayer property, whence corner No. 23 of
Tract A, Aspen Townsite Addition, being the same as Corner No. 39
of the Lux Placer U.S. Survey No. 6786, bears 584003'30" E. 675.94
feet and whence the Southeast corner of said Block 5 bears
574030'00" E. 125.00 feet;
thence N74030'OO" W. 70.0 feet more or less along the Northerly
line of Frances Street to .the Easterly edge of the Roaring Fork
River;
thence N3l024'4B" W. 77.55 feet along the Easterly edge of said
river to the point of intersection with the Westerly extension of
the Southerly line of a tract of land as described in Book 119 at
page 220;
thence SB9020'00" E. 131.00 feet more or less along the aforemen-
tioned line to the NE corner of said Lot 7, said point being on the
Westerly line of the Mayer property;
thence 515030'00" W. 86.51 feet along the Westerly line of the Mayer
property to the POINT OF BEGINNING. '
"......
FORM NO. C-6000-3D ,/
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENOED 10-17.70)
SCHEDULE B
PART I
This Polley does not insure against loss or dama~e hy reason of the followinJ:!;:
l. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the puhlic records.
3. Discrepancies, conflicts in houndary lines, shortage in area, encroachments, and any facts which a cor-
rect survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, lahor, or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Right of t~e proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted, and the premises hereby granted, and
the right-of-way for ditches and canals constructed by the au-
thority of the United States, as reserved in United States Patent,
recorded December 14, 1900 in Book 39 at Page 136.
7. Easement and right-of-way for Tennis Court as granted to The Hill
House Condominiums and The Hill House Homeowners Association, by
John Randall Wedum in the instrument, recorded June 21, 1979, in
Book 371 at Page l7B, as Reception No. 215620, affecting the following
described property:
An easement situated in the NE~ SW~ of Section 7, Township 10
South, Range 84 West of the 6th P.M., Pitkin County, Colorado
and being more fully described as follows:
Beginning at a point whence the West 1/4 Corner of said Section 7
bears South 89020'00" East 134.78 feet, and North 55027'55" West
2369.32 feet,
thence South 15027'55"
thence South 15030'00" West 15.52 feet,
thence North B9020'OO" West 79.97 feet,
thence North 04012'54" West 15.06 feet to the Southwest Corner of
the Hill House Condominiums Property,
thence South B9020'OO" East 85.22 feet along the Southerly Boundary
line of said property to the point of beginning containing 1239
square feet more or less.
""...
,
FORM NO. C-6000-4A
FOR USE WITH COLORADO REG lOr-. ...,(ERICAN LANO TITLE ASSOCIATION LOAN POLle. ':970 (AMENDED 10-17-70)
SCHEDULE B
PART II
In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the
land described or referred to in Schedule A is subject to the following matters, if any he shown, hut lhe
Company insures that such matters are subordinate to the lien or charge of the insured mortga~e upon
said estate:
NONE
1""-''.-
.
SCHEDULE A-Continued
REQUIREMENTS
3. The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule
B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk
and recorder of the county in which said property is located.
A. Release of Federal Tax Lien by United States Internal Revenue Service against
John R. Wedum in the amount of $5,129.53, recorded June 29, 1981 in Book 410 at
Page 582.
B. Release of Federal Tax Lien by United States Internal Revenue Service agains
John R. Wedum in the amount of $5,129.53 recorded July 17, 1981 in Book 411 at
Page 420.
C. Release by the Public Trustee of the
Deed of Trust from : John R. Wedum
to the Public Trustee of the County of Pitkin
for the use of Aspen Industrial Bank
to secure $21,398.87
dated December 1, 1981
recorded December 10, 1981 in Book 418 at Page 408.
D. Deed of Trust from John R. Wedum
to tehe Public Trustee of the County of Pitkin
for the use of The Bank of Aspen
to secure : $61,000.00
" ~
i~>:IIT]n'l !T;\" .\TTi\CilEj) Tl) /\t~]) ;L\])i.: :\ J \J~r OF ClJ>lHITl.li'::-:I ;ii\8J~39l)
--------
I.1-:C..\L DFSt:i; I j' 1'1 ():';
PLtkill COUIlI?
Cl)jljl;~dl!, :)~,jnG 1:1,Q-L' ('l~
01 LlIf:.: Soulhv.,l~;';l I"
',~\'SL ur tlw 6th P.I'i.,
Jl~scribcd as follows:
:\ L r ~ll' uj tilth! i lU:l I ,'L i 11 Ull~ ":ill- I i
01 ~; l' C I LOll ':,1\\-11:-;[1 i i) lil Soulh !\.\II;
l)i'~C:[:\Nl>!C :jt ;-he' ::l()~jl ~;U\H:,\'/C'sLl'r.I\" l:O;-,ll.'l- oi that parcel Jes-
cr-ib('d Ln j;l)(Jj.: ';~ilJ :It Pngl_' i3B6, ili I :::11 C()~]nl_:r' Rl:l:unls;
Tlll.'JJ,'C' ruJ IU\..'jll;', LIll: 'I,\~c:-;lcr' :111;.[ \\)1- :\1 rl\' Line'S of .->"j-iJ parcl'l
[11(' [0.1.1t,)\./i:l;', l~UUJSl~S :llH~ ul:-,l:;l:l~''-'~:;:
1\ 19 c 1;('; , IL)'I '1,,1 \.' C /0 fl'L' I
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t\ J , '/1 q , (l(J" \.. jil I ('l' l
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" I " ~'U , O()" /\' I rj I l'(' l
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:\ '/ " ; J , (Ii)" ), 9,'j LVI' l
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Ci -)'.' " :~ 3 , (':('," ,. :, 1 ,-c' , l
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I' ()t)" I I, , (Jl\" , " I ('c' I
" .
" bh " J ~) , I !'. :.~ :: 4 I.,! r l t.O puill i
,/ " cC' u
:'!ll'lh~l~ S i~lo
(JO" '.~. lJ)9.11 fL'c,t tt);1 puint on l:l1e South J-;11lc
(11 ';;11 i.l ]';1!",
T:lt'ih'l' :', :";(1" "()' D()'I ',}. l/i.9Cl fi_'l'L lu ~:lll' ~)uint of BECIi'i:<lSC.
:' ilk i 11 (:()\111:
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Schedule B-SW,on 2 E"ep"onO S,,,,c' Add,." 01 Pmp."y 0
The policy or policies to be issu(!d wIll conlilin exception,> 10 the followm9 unless the same afe disposed of to the satisfaction of the
Company:
Rlghls or claims of panics 111 possession not shown by the pubhc records.
'1 E;lst'ments. or chlHns 01 f';IS"rTWllts not shown by the publiC recorc1s
3 DlsrrepallClI!s. conflICts III houndary hill's, shortaue Hl <Ilea encrOilchments. and any file IS which a conect survey and inspection of
t!\I' p"'rllISL'S would (li~;{I(J~;,. .IIHI wlllcl1 dl" nut ..hown by Ihe pullllc records
4 Any lien, or flghl 10 a IIt~n, tor services. l<tbOl or materIal theretofore Of hereafter furntshed, imposed by law and not shown by the
pubhe records
5 Defects.. liens. encumblilrlces, adverse c1.lIms 01 other mailers. If any. crcated, fnSI appearing in the public records or allaching subsequent
10 Ihe-fdfeCllve date hereof but prior to the datc the proposed insured acqulles of record lor value the estate or interesl or mortgage
thereoll CO\icred by HlIs Commllmenl
l:>.r,'ptuH1S l111111lh'll:d
-0-
;ue hcrdlY ollHlteU
6. Taxes due and
sales which have
any unpaid taxes
properly redeemed
and assessments
or cancelled.
and any and all
tax
payable:
not been
7, Reservations and exceptions as contained in United States Patent recorded
December 24, 1902 in !look 55 at Page 116 as follm,s: right of the proprietor of
a vein or lode LO extr:H.:t and remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted,
8. Right of "ay for the flo" of the Roaring Fork River and Flood Plain Plan.
COll(llllons ;HHI StlPLlldllons
The tel!1l I1HlltU.t!I" V...hdllj....l.~IIH!'eln <;hallllltludc deo.:d OllfuSI. !rust dl~PO, or other security Instrumenl.
7 It tlw pl(lpo:-,~d In....uH',j lid.... III .Il 'pili!'''. ;1( tllil! knowIN11J') of any ddeel Ilen_ pncumhrancc. adverse claim or other maller affecting
1111' 1::-1.11,. (I! 1l1h'r,'~1 III ITlI>lI!I."jI' It'''I''llIl 1II\lI)It'd by IlllS Cornmllrnenl 01111'/ II1;m tho~e shown In Schedule B hefcol. and shall fail 10
Ilt',chJ:-" "'Inh kll(Jwl,'d{I'~ lo II". LPllll'.1I1Y III Wlllln!1 tlw Company shall h,' lell'~vl~d hom Ilabrllly 101 any loss or damage resulting from
dny act uj wllanu' hl'rl'llll tll 1111) ".,ll'lIl Ihe CUmp,H1Y IS prcJudlCf.!d by fadure 10 so disclose such knowledge_ If lhe proposed Insured
...11,,11 dISc!OSI! :;'1J(~h kIHh...lt'd~Jl~ III till' CIl1l1pdny or d the CUllll-lilny o,helwl~t: acqulll's aClual knowh!dne of any such defecl. lien. encumbrance.
.HI...erSl: claim or otllel rn;rltL'f the (orllp;ITly <it Its opllon m.ly amend Schedul(' B 01 th.s Commilmenl accordingly, but such amendment
:-11.JII nul relll:VI' 111(' COfl1pdl1y lr'llllll,dHhly Plt'\lI(HJsly IncwlI,d plHsu;-tnllO par,I~Jr,lph 3 of thf'se Conditions and Stipulations
:1 II.dllllty III tlw CWlIp.III'y IlIlll,'1 !11I~ (OIlHllllfIlL'nl 'i1l.11I h.. only 10 Ihe IldnH'd proposed Insured and such pallies Included under the
1I1.I>llItI0I1 of Iw.uro'd (11 tilt' t()fm uf pnlll Y or polr(:ll':;' C(Jllllllllll'd for and only 1m .IClual loss mcw/cd 10 reliance hereon In undertaking
III !IOIJrl Lllttl (..I \0 cumply woth thl' lI'qlllll,rncnlS hereot, or (Ill to eliminate .);w;,c:epllons shown in Schedule B. or (c) to acquire or creale
11", "stdH~ of 111\(.r'.....1 'll IlHlIlll,I(II' Ih"lf'llll CllVl'II'd by thIS Com!llllment 1.1 no O;)vent ...hdll such liahlll1Y e;w;,ceed lhe amount Slated in Schedule
A for tllc poll<':Y or poliCies COrlllllll\!.d fOl ;rnd such Ilablllly IS SlJOjp.ctl0 Ille InSUllng prOVisions. e;w;,c]uslon trom coverage. and the Conditions
;11111 Stlpul;tllUllS of Illl' lurrll of pllllf'Y (II p<lIICICS comrllll1cd for In ta\lor ollhp. proposed Insured which arc hereby incorporated by reference
ilnd <Ill' rnaJL:" p;ul of ttllS CUllllllltllll'nt "'U'pl dS expn!ssly modd,ed herem
.1 Any d.1l1ll 01 10:-'" ur d.HIl.,!1l' VVlu'tllPI 01 not based on Ilcgh!Jcnu~ dlld which allses out of the status of lhe 1I1le to the estate or
11It"',",lor Illl' I'l'n II! U\I' 11l....IH"iJ II1lHl!J.!\W lovell'd hercby 01 any ;lctlon d..."."rllfl~J such claim, shall be reSlllclp.d \0 the provisions and
CtJl\l1111011:'> .lnd ',llplJl.lt,oll~, of till.... UH1Hll11nlellt
IN WITNESS WHEREOF till' Cnrnp;my hdS C,JUsed thiS CommlUnenl 10 be SIgned and scaled. to become valid when countersigned by
.Hl alJlh{Hllefl (Jllin.'1 Of du,'nl (,I !Ill' Company ,III In accOIdance wllh lIS By-L.lws This Commitment IS eHective as of 1he date shown
'11 SChl'lhill~ A.,... (Iktll\ll' O.l!I'
USlIfE Tille InsUfdflcc COrnpiHl) ut Oall;\s
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ASPEN TITLE CONI' ANY , LTlJ,
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I'~:':I.!.IJ!I.:L-"-'\:.', ',~l~U',C.iIEIl ~1'Il AND t1MlE A I'AI('J" OF COHmT1-1EliT 11^81-399
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LECAL DESCI: I i' [" I ON
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,\ U-;lcl of Lind sf lU;\l('U ill the :<!()rlllL';I~;l I,. o[ t.:he Southt.,'est 1'2;
of :;('ctiOll 7, ']'(l,,'llsiJip 10 South, TLII1:~V S.'. \'.\~st of the 6l.:h P.~t.,
I)itkin COlIIllY. C(]lor~Ju. bcillg Qore l"lI1.1y described as follows:
BEC:I;~NTtlG :It tilL' most Soutll\-;csterly COinL't' of that parcel des-
crLbC'd ill ];(Jilk 370 at P.1gL' H86, P-tLkill County Records;
Thl'lh'C Ful JUh'in:; lile \~estcrly ~lnJ ;'!orlhl.'rty lines of said parcel
the (olloh'illg l:ourses 3nd dislar'.ces:
t~ ]90 Ila' 00" \I. H5,70 f('(' L ,
1\ :\7'"' !Ill' 00" \,1. 11]. ]/1 ll'el,
N 1 ~' 0 :!.U I 00" h'. /10.35 f (,l' L ,
:'1 IU" Z7' 30" I':, /I:~. 16 f l'l' t ,
i\ 120 J"J' OO" '~_,' . 27.91, r L'L' L ,
~ 7'\ 0 23' unll \L 111..58 C l' (~ L ,
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N IlI)o Ii> , (l()" ',' ')r .,1 t"l'l't
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,. (,60 J5' I"l E,:!24,n reet LO point:
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Thence S ]l)o 1::;' DO" Ii. 169, 11 feet 10 a point on the South line::
01 ~; ~l j d P;IJ"'.l'j
Tlh':ll'l' :~ 890 :?O' 00" t.. 14.90 reo 1 10 tile poi.nt of IlEGHmlNG,
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l'ilkill COUllty, COI01-;ldo